Bill tweaking rules for personal injury, wrongful death lawsuits advances to House floor vote

Rep. Omar Blanco, pictured taking his oath of office on Nov. 19, 2024, said that as a first responder, he's seen how accidents can upend people's lives. Image via Colin Hackley/Florida Politics.

A bill meant to allow more evidence in personal injury and wrongful death lawsuits is one vote from passing in the House after clearing its final committee stop, where it encountered ample business opposition.

Members of the House Judiciary Committee voted 19-3 for HB 947, a four-page bill with major implications on tort law in the Sunshine State.

Supporters say it would fix confusion over a law passed in 2023 to tamp down on lawsuit abuses in Florida through small but vital tweaks. Opponents contend it will eliminate courtroom fairness by overwriting requirements for information that both sides of a case must present.

HB 947, if passed, would enable any court-approved evidence demonstrating the actual value of medical treatments or services based on average insurance rates, rather than predefined criteria — 120% and 170% reimbursement rates for Medicare and Medicaid, respectively — currently allowed.

The measure would permit evidence in cases about the amount of health care coverage insurers are obligated to pay, reasonable and customary rates, or the amount paid under a letter of protection (LOP) for past unpaid charges. Similar evidence types for future medical treatments or services would also be admissible.

Importantly, the bill would swap the word “may” for “shall” in current statutes. Miami Republican Rep. Omar Blanco, the bill sponsor, said that change will afford plaintiffs, defendants and courts the flexibility to include any information they believe is pertinent to a case.

“This legislation aims to ensure fairness and accuracy in determining medical damages, preventing inflated claims while still safeguarding the rights of injured parties,” he said Wednesday.

Lawyer Waylon Thompson of the Florida Justice Association said he has represented insurers, businesses and private citizens suing them for injury or wrongful death, and the “only thing” HB 947 does is clarify the intent of the 2023 law.

“The current reading is ‘shall include, but not limited to,’ and then it lists five items. Well, the application (shows) some trial courts are saying that the plaintiff must introduce those things, (and) if the plaintiff does not introduce, for example, the insurance contract, then they’re prevented from seeking the damages at all,” he said. “This good bill allows the jury to see all the evidence. It just makes the defendant do their work.”

More than a dozen companies and advocacy groups, several of which spoke against the bill in its first committee hearing last week, attended Wednesday’s meeting to combat it again. Among them: the Florida Medical Association, State Farm Mutual Automobile Insurance, Florida Trucking Association, Florida Retail Federation, U.S. Chamber of Commerce and Associated Industries of Florida.

Matthew Penland, Vice President of Risk Management for Jacksonville-based Cypress Truck Lines, said HB 947 is “terrifying” to him as a business owner.

“Common sense says that, hey, if I can hide this stuff, (I will, and) it’s crazy how it’s gotten to this place where you can do that kind of thing,” he said. “And it’s not really about the accident. We could have a little fender bender, a mirror slap, a scratch on the hood that has gone to exorbitant amounts of money, which costs us as a company, which eventually gets passed down.”

Blanco noted that lawmakers were able to hear “from all sides” on his bill Wednesday, and that’s the point of his legislation.

“Haven’t you appreciated getting all the information about this bill?” he said. “That’s exactly what I want of the people who are seeking justice for an injury that was no fault of theirs.”

Republican Reps. Shane Abbott of DeFuniak Springs, Tom Fabricio of Miami Lakes and Rachel Plakon of Lake Mary voted against HB 947. None asked questions or argued about the bill.

The bill’s upper-chamber companion (SB 1520) by Fort Pierce Republican Sen. Erin Grall awaits a hearing before the first of three committees to which it was referred this month.